Cited by

Opinions in Arizona that cite Ephraim Dabush v. Seacret Direct LLC, 478 P.3d 695.

48 citing documents.

  • DOE v. THE CORPORATION Ariz. 2026
    “[W]e review a grant of summary judgment de novo, viewing the evidence in the light most favorable to the party against whom summary judgment was entered.” ¶ 10 (2021).
  • GALLERY v. K HOVNANIAN Ariz. 2026
    DISCUSSION ¶8 “‘[W]e review a grant of summary judgment de novo,’ viewing the facts in a light most favorable to the party against whom judgment was granted.” 9W Halo OPCO, LP v. Ariz. Dep’t of Revenue, ¶ 9 (2026) ( ¶ 10 (2021)).
  • GARCIDUENAS v. MATRIX NEW WORLD Ariz. Ct. App. Div. 1 2026
    ¶ 11 (2021) ("Defendants only owe a duty to [Plaintiff] if they had legal control of the premises or exercised actual, physical control over it.").
  • 9w Halo v. Ador Ariz. 2026
  • 9w Halo v. Ador Ariz. 2026
  • Total Renal v. Hon moskowitz/brackman Ariz. Ct. App. Div. 1 2026
  • Total Renal v. Hon moskowitz/brackman Ariz. Ct. App. Div. 1 2026
    ¶5 We declined special action jurisdiction on November 13, 2024, but our supreme court vacated the initial order and remanded the cause to us “for reconsideration in light of the Restatement (Second) of Torts § 324A as set forth in Dabush v. Seacret Direct, LLC, –73 (2021), and Collette v. Tolleson Unified School District No. 214, ” Total Renal v. Moskowitz/Brackman, CV-24-0294-PR, 2025 WL 1021587, at *1 (Ariz. Apr.
  • Moore v. cottonwood/yavapai Ariz. Ct. App. Div. 1 2026
  • Moore v. cottonwood/yavapai Ariz. Ct. App. Div. 1 2026
    See, ¶ 9 (2021) (discussing a multi-tenant commercial building premises liability claim); –03 (1983) (deciding what duties a municipality owes to pedestrians on its roads); ¶¶ 1–3 (2000) (deciding whether our comparative fault s
  • Henke v. Hospital Ariz. 2025
    DISCUSSION ¶22 “[W]e review a grant of summary judgment de novo, viewing the evidence in the light most favorable to the party against whom summary judgment was entered.” ¶ 10 (2021).
  • Robin Roebuck v. Mayo Clinic Ariz. 2025
  • Robin Roebuck v. Mayo Clinic Ariz. 2025
    DISCUSSION ¶7 “We review de novo a grant of summary judgment, ‘viewing the evidence in the light most favorable to the party against whom summary judgment was entered.’” S. Ariz. Home Builders Ass’n v. Town of Marana, ¶ 16 (2023) ( ¶ 10 (2021)).
  • Pointe 16 v. Gtis-Hov Ariz. 2025
  • Pointe 16 v. Gtis-Hov Ariz. 2025
    5 POINTE 16 v. GTIS-HOV, ET AL. Opinion of the Court summary judgment was entered.” ¶ 10 (2021).
  • McAlister v. Loeb Ariz. 2025
  • McAlister v. Loeb Ariz. 2025
    DISCUSSION ¶21 “[W]e review a grant of summary judgment de novo, viewing the evidence in the light most favorable to the party against whom summary judgment was entered.” ¶ 10 (2021).
  • Dominguez v. Dominguez 567 P.3d 81 Ariz. 2025
  • Perez v. Circle K Ariz. 2025
    Inc. v. Edais Eng’g Inc., ¶ 5 (2022) (negligence); ¶ 9 (2021) (premises liability); McMurtry v. Weatherford Hotel, Inc., ¶ 23 (App. 2013) (premises liability).
  • Rachelle Renee Westerman, Paul Bryan Westerman v. Timothy E. Ernst 563 P.3d 647 Ariz. Ct. App. Div. 2 2025
  • Rachelle Renee Westerman, Paul Bryan Westerman v. Timothy E. Ernst 563 P.3d 647 Ariz. Ct. App. Div. 2 2025
    see McMurtry, ¶¶ 33-36 (reversing grant of summary judgment based on questions of fact regarding whether decedent’s status had changed to trespasser); (“Plaintiff’s status as trespasser, licensee or invitee was contested and properly treated as a question of fact for the jury’s determination.”); (although the question whether a party assumed a duty is generally factual, courts may resolve it as a matter of law where the facts are undisputed); Woodty v. Weston’s Lamplighter Motels, (noting that 7
  • Perez v. Patterson Ariz. Ct. App. Div. 1 2024
  • Perez v. Patterson Ariz. Ct. App. Div. 1 2024
  • Kemper v. Pinnacle Dental, Pllc Ariz. Ct. App. Div. 1 2024
  • Kemper v. Pinnacle Dental, Pllc Ariz. Ct. App. Div. 1 2024
    ¶12 “[W]e review a grant of summary judgment de novo, viewing the evidence in the light most favorable to the party against whom summary judgment was entered.” ¶ 10 (2021) (citation omitted).
  • Mark Gilmore v. Kate Gallego 552 P.3d 1084 Ariz. 2024
  • Mark Gilmore v. Kate Gallego 552 P.3d 1084 Ariz. 2024
    DISCUSSION ¶16 “We review de novo a grant of summary judgment, ‘viewing the evidence in the light most favorable to the party against whom summary judgment was entered.’” S. Ariz. Home Builders Ass’n v. Town of Marana, ¶ 16 (2023) ( ¶ 10 (2021)).
  • Staker&parson Companies v. Scottsdale Insurance Co Ariz. 2024
  • Staker&parson Companies v. Scottsdale Insurance Co Ariz. 2024
  • Dominguez v. Dominguez 547 P.3d 1079 Ariz. Ct. App. Div. 1 2024
  • Dominguez v. Dominguez 547 P.3d 1079 Ariz. Ct. App. Div. 1 2024
    DISCUSSION ¶10 The Estate argues that the trial court erred in granting Renee summary judgment on the competing quiet title and false documents claims.2 This court “reviews a grant of summary judgment de novo, viewing the evidence in the light most favorable to the party against whom summary judgment was entered.” ¶ 10 (2021).
  • Beck v. Neville Ariz. 2024
  • Beck v. Neville Ariz. 2024
    DISCUSSION ¶10 We “review a grant of summary judgment de novo, viewing the evidence in the light most favorable to the party against whom summary judgment was entered.” ¶ 10 (2021).
  • Avitia v. Crisis Preparation Ariz. 2023
  • Avitia v. Crisis Preparation Ariz. 2023
    at 376–77 ¶ 27(“Identifying the risk within the scope of the special relationship does not touch on concepts of breach or causation, so there is no danger of conflating duty with those elements.”); ¶¶ 33–35 (2021) (rejecting an argument that a court could not consider case-specific facts to determine as a matter of law that defendant had not assumed a duty to plaintiff).
  • McCombs v. Joyce C. Miller Trust Ariz. Ct. App. Div. 1 2023
    ¶33 Attempting to establish applicability of the duties5 inherent in a landlord-tenant relationship, Plaintiffs argued the policy was relevant to show the Trust had obtained “rental” insurance for the property, which in 5 ¶ 9 (2021) (“In Arizona, duty is based on either special relationships recognized by the common law or relationships created by public policy.”) (citations omitted); Piccola By & (“A landlord owes a duty of reasonable care which requires inspection of pre
  • Jacob Laurence v. Salt River Project Ariz. 2023
  • Jacob Laurence v. Salt River Project Ariz. 2023
  • Legacy Foundation Action v. Citizens Clean Election Ariz. 2023
  • Legacy Foundation Action v. Citizens Clean Election Ariz. 2023
    ¶ 10 (2021) (summary judgment); Mills v. Ariz. Bd.
  • Southern Arizona Home Builders v. Town of Marana Ariz. 2023
  • Southern Arizona Home Builders v. Town of Marana Ariz. 2023
    DISCUSSION ¶16 We review de novo a grant of summary judgment, “viewing the evidence in the light most favorable to the party against whom summary judgment was entered.” ¶ 10 (2021).
  • Lavelle Bridges v. Nationstar Mortgage LLC Ariz. 2022
  • Lavelle Bridges v. Nationstar Mortgage LLC Ariz. 2022
    DISCUSSION ¶7 “[W]e review a grant of summary judgment de novo, viewing the evidence in the light most favorable to the party against whom summary judgment was entered.” ¶ 10 (2021).
  • Cal-Am Properties Inc v. Edais Engineering Inc Ariz. 2022
  • Cal-Am Properties Inc v. Edais Engineering Inc Ariz. 2022
    1965) (emphasis added); ¶ 36 (2021) (noting that Arizona has adopted § 324A).
  • Diannah Dinsmoor v. City of Phoenix Ariz. 2021
  • Diannah Dinsmoor v. City of Phoenix Ariz. 2021
    See Gipson, 214 Ariz. at 145 ¶ 21; ¶¶ 33–35 (2021) (rejecting argument that court could not consider case-specific facts to determine as a matter of law that a defendant had not assumed a duty to plaintiff).
  • Schiager v. Landmark Land Ariz. Ct. App. Div. 1 2021
    ¶15 To have “actual control over premises,” a party “must have the authority to: (1) exclude others from the premises; and (2) direct how the premises is repaired, maintained, and used.” ¶ 18 (2021).